Search this blog

Subscribe To

"Never under any condition should this nation look at an immigrant as primarily a labor unit. He should always be looked at primarily as a future citizen."-Theodore Roosevelt, 1917

"It is not possible to be in favor of justice for some people and not be in favor of justice for all people."-Dr. Martin Luther King, Jr.

"Isaona i tumungo’ ya ha sedi, ki ayo i mismo umisagui hao. Greater is the fault of he who allows the injustice upon himself. "-Chamorro proverb

"There can be no tyrants where there are no slaves." -Jose Rizal

"I am not interested in picking up crumbs of compassion thrown from the table of someone who considers himself my master. I want the full menu of rights." -Bishop Desmond Tutu

Disclaimer: This is not a legal blog. No opinion or statement should be perceived as legal advice. All posts are the opinion of the author or contributors who are expressing their First Amendment Rights.

Senator Marco Rubio (R-FL) is proposing that the DREAM ACT be altered. The proposed DREAM ACT would provide certain undocumented children of alien workers with permanent residency and a pathway to citizenship. Rubio's apartheid-type bill would provide them with a "non citizen for life" status, like Sablan's un-American, un-democratic legislation for some of the foreign workers of the CNMI. Rubio proposes a DREAM Act that would grant youth a second or third class citizen status. They would be Americans in name, would pay taxes, serve in the military, but could not vote or sponsor their family members to come to the United States.

Of course, there are differences between the proposed bills. Sablan's bill would provide an un-American status for only those foreign workers with a U.S. citizen child or spouse or about 1/4 of the total long-term foreign workers. His is even more hateful than Rubio's proposal because it purposely excludes anyone who will not eventually be in line for status by virtue of having an immediate relative spouse or child. Under H.R. 1466, long-term foreign workers who lived and worked legally in the CNMI, on U.S. soil for 5, 10, 15, 20 or more years are excluded if they are not married to a U.S. citizen, do not have a U.S. citizen child, are gay, or are unmarried. Blatantly discriminatory.

They should take a lesson from history. I went to South Africa over 30 years ago, where the government created many different levels of citizenship as a means to keep an unjust system going in a modern world. In addition to "Whites," different categories of "Blacks," "Coloureds," and "Asians" for South Asians, South Africa had to create the category of "Honorary Whites" to accommodate the Japanese and Chinese. We should learn from the lessons of apartheid and the dangers of creating different levels of citizenship for different people.

That system, thankfully, has fallen, and it has been rightfully judged an historical disgrace, but if today's Republican Party has considered history at all, they're not learning the right lessons. Instead of pushing towards more equality for all people, they've perfected a method of legalizing discrimination by inventing new classes of citizenship for those on whom they don't want to bestow full rights, creating a unique and disturbing American apartheid.

As Keegan said, "The real cruelty of this Republican proposal is that it seeks to take advantage of the desperation of some DREAM Act-eligible youth to avoid deportation. The Republican proposal offers them that in the short term, but at the price of second-class status for the rest of their lives. They deserve better."

Yes, they deserve better and so do the long-term foreign workers of the CNMI. They deserve freedom and permanent residency. All of them –not just ones that Sablan and supporting self-serving CNMI politicians and residents know will eventually qualify for it anyway. As Nobel Peace Laureate Desmond Tutu said, "I am not interested in picking up crumbs of compassion thrown from the table of someone who considers himself my master. I want the full menu of rights."

The APAC members do recognize the plight of the undocumented aliens in the U.S. mainland. They vocally oppose unjust state laws in Arizona, Alabama and other states, even participating in protests. So why are they ignoring the plight of tens of thousands of Asian workers in the CNMI? It will be very interesting to see what these members have to say about Rubio's bill. I am watching.

26
comments:

Anonymous
said...

A big "told you so" to the naysayers that criticized you for correctly calling Kilili's HR1466 apartheid. It is. Now these co-signers are backed against a wall. You're right, it's the time they have to defend their position or retreat. What hypocrites indeed.

Where are the principled members of Congress nowadays? Really the supporters of HR 1466 can't speak out against Rubio's bill without calling attention to their own support of a sickening bill. This is classic! Justice for the CNMI OCWs!

Unfortunately you picked the wrong time for Federalization of the CNMI's immigration system. The US economy is in shambles and only getting worse by the day. When you talk Dream Act, the vast majority of Americans look at that as a burden on the economy, loss of more jobs and higher crime. Democrats and Republicans have both put the Dream Act on the back burner for the foreseeable future.

This most likely will get no action as the rest of the bills.But something has to be done about the CNMI. ANYTHING, even something such as lowering the income requirements for the IR's to allow them to become compliant for a start.But I seriously doubt that anything will be done until after the coming elections on any immigration issue.Most of what will be going around may be bills to see what the public's action are, such as this one.According to what information is here about this bill, to me, it would seem that this possibly may be illegal. (let alone morally wrong) I just can't fathom anything like this being passed.If so, I could see this being challenged in court almost immediately.

lets forget about USA- Ununderstable Selfish Americans. corrupted congress panel,,,,most are interested for war to get in $$$$$.its an bad policy,,,thats why bush attack on saddam and kill lots of innocent kids and people...if u can not make another human then u should not destroy them...its and universe rule.its over and out...most CNMI people is full of nonsence on earth. USA dream is sucks. its not an super power its an by violation/discrimination/corrupted/killing innocent super duper power nation....ahame on most americans..amen

Nothing is going to happen in the US congress till well after 2014 time is short ICE is ramping up make your plans for greener pasures there is nothing in the CNMI for anyone and even less soon. Those that want to stay without jobs just want the freebies America is soon going to stop giving........

8:17 The bill is stalled in the House. The so-called "immigration champions" still have their names as co-sponsors on the apartheid-type bill.

9:51 The US economy is not in shambles. It is improving every day. Read here, and here. The CNMI economy is in shambles and under corrupt political leaders with no plan of action it will remain that way.

It costs the US government a lot more money to run the CW program than it would to give every legal long-term foreign worker green cards and set them free. But in the end it is not about money. It is about justice, ethics and taking the moral road. The CNMI foreign workers were recruited and served the CNMI for decades. They deserve permanent residency and a pathway to citizenship.

The "vast majority of Americans" according to all polls and surveys that date back years, support the DREAM Act. Latinos overwhelmingly support it. Read here

11:08 The young people affected by the DREAM Act were born in foreign countries and brought to the US by their parents when they were young. They should not be punished for their parents' decisions. They should be given a pathway to citizenship.

1:55 Both Rubio's and Sablan's bills would be challenged if they passed. Both are an insult to the word "democracy". Both are anti-American. Both propose a legal apartheid-type class system where the lower class has no basic rights. These people propose taking us back to a shameful time in our history that people with a moral compass fought hard to end.

Although I agree with you that all contract workers should be given green cards if they have been law-abiding, were lawfully in CNMI before federalization (including those stranded by employers), etc. But, and this is a big but, your comparisons to Apartheid are wrong and do more to hurt your cause than help. Apartheid was much, much worse. Due process and equal protection did not exist for blacks in South Africa. The U.S. Constitution and all its protections such as due process still lives in the CNMI. Despite the hot air coming from the likes of Fitial, there will be no mass deportations, especially for contract workers whose children are citizens, who have been here 10 years or more, or the folks in limbo because they were born in CNMI in the 70's. I think it very likely the federal courts side with contract workers 99 times out 100 because many have spent their entire adult lives here and would have citizenship had they stayed in the mainland as long. Also, at a certain point, there will be more non-Chamorro voters if the citizen-children remain or return to CNMI, and things will change. A more appropriate analogy are to northern style anti-black laws from the 1920's to 70's that created hostile living environments but did not come anywhere close to Jim Crow or Apartheid.

Moreover, we already have different levels of residency and 1466 is no different. One thing 1466 does not do is create a second class of citizenship. Based on my reading of it, holders of a 1466 residency qualify for and can apply for green cards under the many ways to acquire them including from immediate relatives. For what its worth, Rubio's bill will quickly get the unconstitutional label from courts for some of its more hideous provisions.

So, please stop the over-the-top analogies, before you dig yourself a hole and have more difficulty convincing the people you need to convince.

9:27 The comparison to apartheid and to the post-Civil War Black Codes is absolutely accurate. I will not back down. I do not want to see my country going backwards on immigration, but forwards. I do not want to see a legal class system endorsed by my country. Both bills disgust me. It is unethical to tax people and allow no eventual pathway to citizenship. It is disgraceful that the alien population in the CNMI makes up the majority of the population, but these long-term de facto citizens cannot vote. Is is unethical to suggest that a long-term foreign workers must have a US citizen immediate relative to be considered for upgraded (albeit inferior) status.

You said, "Based on my reading of it, holders of a 1466 residency qualify for and can apply for green cards under the many ways to acquire them including from immediate relatives." Do you think it is ethical, humane and just that single foreign workers, gay foreign workers, those without a U.S. citizen child who may have lived and worked in the CNMI even LONGER than those with a US citizen spouse or child, do NOT qualify for any upgraded status under 1466? This bill is hugely unfair and discriminatory. It is a token bill Sablan wrote to appease the future (with or without this bill) voters of the CNMI and "my people" as he calls the locals. Those foreign workers included in the bill with a US citizen spouse or child will eventually have permanent residency anyway when the US immediate relative petitions them! There are thousands of other equally deserving legal, long-term workers that he deliberately and callously excluded. When I asked him what he would say to those he left out of the bill, he angrily spit out, "GO HOME!" Nasty , harsh and extremely unappreciative.

I have received hundreds of emails and calls from those who are left out -the single workers, those with foreign-born children, those who are gay, those who have a foreign-born spouse. They are justly angry. This bill does NOT reflect American principles. It does not advance the agenda of our country.

Mine is not an over-the-top analogy. You can keep pushing a discriminatory, un-American law. I will continue to fight it and work for permanent residency and a pathway to citizenship for ALL legal, long-term foreign workers. In fact, I will expose those who co-sponsored HR 1466 with their own district voters who still believe that they are "immigration heroes". Maybe to those 11 million illegal aliens in the US mainland, but certainly they are not heroes to the 12,000 -14,000 legal, long-term foreign workers in the CNMI! The two separate political views that they sponsor conflict. They need to defend their sponsorship of a faulty and immoral bill that conflicts with their national immigration position or remove their names from it.

Ma'm Wendy thank you for always standing for us. It's a bad law and the reason any like it's because it helps themself only. Maybe some likes it because they can't accept Killili is doing bad. So many doesn't care about the ones left out.The Congress should do there jobs and do the fair things if the USA is a great country.

Some oppose Kilili's bill because they want or hope for a better bill and there isn't one on the near or far horizon. Americans generally favor immigration reform but their definition of reform isn't what most foreign nationals would hope for. And the strongest opposition to improving status for immigrants in America is unions, by 3/4 according to Rasmussen and others.

Rasmussen, May 27-28, 2011, poll of likely voters nationwide:

•82% think that businesses should be required to use E-Verify to determine a potential employee's work status. Only 12% oppose such a requirement (Rasmussen, May 2011).•61% favor a law in their state that would "shut down companies that knowingly and repeatedly hire illegal immigrants. Just 21% oppose such a law."•65% believe that employers who hire illegal workers are a bigger problem that those who seek employment illegally in the U.S.•63% feel that landlords should be required to check to make sure a potential renter is in the country legally before renting to them an apartment. 28% do not believe landlords should be required to make such checks.Rasmussen, May 17-18, 2011, poll of likely voters nationwide:

•60% believe that the "policies and practices" of the federal government encourages illegal immigration (Rasmussen, May 2011).•64% say that gaining control of the border is more important than amnesty for illegal aliens. Only 31% believe amnesty is more important (Rasmussen, May 2011).•61% support using the U.S. military on the border to prevent illegal immigration, compared to only 27% in opposition.•59% favor cutting off federal funds to sanctuary cities, with just 28% opposed•61% support a law similar to Arizona SB1070 in their own state. 28% are in opposition to such a law.•56% disagree with the Justice Department’s lawsuit challenging Arizona’s SB1070. 28% agree with the lawsuit.•68% believe that securing the border is more important than legalizing illegal aliens already in the United States. 24% believe that legalizing illegal aliens is more important.

•68% think that securing the border is more important than granting amnesty to illegal aliens, 26% favor amnesty.•20% think Congress is likely to pass legislation over the next year to gain control of the border, 71% think it unlikely.•45% think Congress is likely to pass legislation over the next year creating a "pathway to citizenship, 47% think it unlikely.•67% believe that illegal immigration is a strain on the federal budget, 23% do not think so.•66% agree that the availability of government benefits attracts illegal aliens to the U.S., 19% disagree.

The most recent is April 1, 2012:Fox New Latino:"Ninety percent of Latino voters surveyed said they supported the DREAM Act . . .the poll also found that 85.9 percent of registered Latino voters supported providing a path to citizenship for undocumented immigrants in general, indicating broad consensus among Hispanics that people of all ages should be given a chance to normalize their status."February 2012:Overall, 70 percent favor and 27 percent oppose immigration reform for agriculture;About 80 percent surveyed in the Central Plains region support the concept compared to about two-thirds in the South Central and West regions.69 percent approval was noted in states with a 10 percent or higher employment rate.States with eight percent or less unemployment supported the proposal by 73 percent.65 percent of Hispanic men and women support the proposal.

poll of California voters over the years who said illegal immigrants should be permitted to stay, keep their jobs and seek legal status if they have lived in the U.S. for at least two years" :June 2007: 65 percentDec. 2007: 63 percentMarch 2008: 65 percentAug. 2008: 65 percentSept. 2009: 64 percentMarch 2010: 63 percentSept. 2010: 61 percentMarch 2011: 58 percentMarch 2012: 62 percent*Margin of error: +/- 3.5 percentSource: Public Policy Institute of California

Politicians anywhere want one thing only and that's to get re-elected. If the voters are racists then they will support them to give them what they want. Rep.Sablan knows most locals are racist and don't want OCWs to ever be equal. He pretends he's doing something good for us but like you said not all included. He only cares about voters.We aren't dumb.

I love those polls. They fudge the numbers. Most Latinos DO NOT favor the DreamACT. Why? There aren't enough jobs to go around. Why would they support another twelve million mouths to feed? Blacks don't support it. Whites and Asians are against immigration reform. There are a tiny group of high powered left wing politicians who want sweeping immigration reform and green cards to all. This lobbying powerhouse will fudge whatever numbers are necessary to forward their agenda. Unemployment improving? No. The real numbers are around 15% to 19% unemployment. What the far left wing politicians do is put each one of those on long term welfare just in time for an election.

Why even have an immigration system if it is not to be followed. Why not stick to the laws that require people of all nations to apply and do the paperwork. Just open the boarders and this would not be an issue in Saipan anymore. Non residents would have every flight booked to the states. Only a handful would actually stay here. Face it, the CNMI as a whole has very limited opportunities and the government basically sucks beyond belief. The only reason most residents stay is because of family and heritage. Ask the unemployed U.S. citizens in the CNMI and the U.S. if they support more illegal immigrant workers in hometown U.S.A. I know most locals here would like to see them go, but with minimum wage being suppressed by the Fitial Mafia and Willies empire.

8:58 let's talk about legal aliens. legal aliens in the CNMI who should have been given green cards a long time since. You want aliens to work here for you, then you treat them right. you pay them what they earn. you pay overtime. you don't delay wages. you ask yourselves how you can get alien workers when you treat them bad? after all the workers leave, you see if you can fill the jobs. you should get what you wish for. you will end up holding dust.

i'm not going to believe that the US is mostly haters. I think most US people want to be fair. Most US people or ancestors came from foreign nations. I don't think they were hated. Give us a chance. No to American apartheid.

12:34 You are a little behind this case. Don't you know how many new workers are coming here NOW or how easy it is to get younger workers with higher skill and less baggage? NMI business loves the new regs, they love the new and approved DOL wage study, and I expect most businesses here to hire new workers from PI, China, and others for a long time. You can get a doctor for 7 bucks an hr and a teacher as low as 3.50, so just do the logical business math.

Your analogy to Apartheid remains over-the-top. You risk losing your very good arguments when using it, akin to the person who makes a comparison to Nazi Germany.

As I stated before, I think all long-term contract workers should get green cards, and I do not believe in a CNMI-only residency requirement.

You said: "Do you think it is ethical, humane and just that single foreign workers, gay foreign workers, those without a U.S. citizen child who may have lived and worked in the CNMI even LONGER than those with a US citizen spouse or child, do NOT qualify for any upgraded status under 1466? "

I don't. But even under 1466, the courts are likely to grant humanitarian status to those folks --> and the fact that is possible shows we remain better than Apartheid era South Africa.

Again, you risk losing your very good arguments if you continue down this path. Remember that you don't need to convince the contract workers or even people in CNMI. Rather you need to convince people in the mainland and especially the elected representatives in Washington. Your choice.

Of course the comparison is offensive. Apartheid is offensive and WRONG. Again, the definition of apartheid:"A policy or system of segregation or discrimination on grounds of race." Disenfranchisement of a class of people is not segregation? Restricting travel and work opportunities for a class of people is not discrimination? HR 1466 is proposing those disgusting, un-American restrictions. Not to mention the exclusion of the majority of the foreign workers from any change in status. DISGUSTING!

I am not worried about what rational and honest members of Congress and their staffers think of this comparison because it is correct. It is honest. It is absolutely accurate. In fact, two staffers agreed with using the term and also my comparison to the post Civil War Black Codes. The bill is ugly. It will get ugly reviews. The fact that you want to protect your delegate is noted, but protecting the principles of our country and doing right by ALL of the LEGAL, long-term foreign workers is FAR more important.

A national columnist, Michael Keegan, is calling Rubio's perversion of the DREAM Act APARTHEID because Rubio's proposal contains the same ugly and un-democratic proposal also found in HR 1466 - disenfranchisement. Are you also offended by the national columnist's review of Rubio's Dream Act? Do you support members of the US Congress proposing ugly bills that would create a permanent class system in the states? Or do you just have a problem with my view? I will continue to call the bill what it is, an un-American, un-democratic, racist and apartheid-like bill. It was created to appeal to those foreign workers who have US citizen relatives -to garner their votes and to appease the locals who like having worker slaves or an underclass, but not EQUALS. This bill is an attempt to gain re-election -gain support from those workers with voting US Citizen relatives and calm the racist locals who want workers to be a permanent underclass of replaceable labor units. Time will not be kind to this bill or the actions of the delegate, the co-sposored and supporters.

You can stand up for what is right, what is equal, what is deserved, what is American, what is democratic and what is moral OR you can defend an apartheid-type bill. Your choice!